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Trade-Related Aspects of Intellectual Property Rights



The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is a treaty administered by the World Trade Organization (WTO) which sets down minimum standards for forms of intellectual property (IP) regulation. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) treaty in 1994.


 


Specifically, TRIPs contains requirements that nations' laws must meet for: copyright rights, including the rights of performers, producers of sound recordings and broadcasting organisations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPs also specifies enforcement procedures, remedies, and dispute resolution procedures.


 


The TRIPS agreement introduced intellectual property law into the international trading system for the first time, and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries concerned that developed countries were insisting on an overly-narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration: a WTO statement that clarifies the scope of TRIPS; stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all."


 


TRIPS has been criticised by the alter-globalization movement, regarding for example its consequences for the AIDS pandemic in Africa.


The requirements of TRIPs

TRIPs requires member states to provide strong protection for intellectual property rights. For example, under TRIPs:


 


* Copyright terms must extend to 50 years after the death of the author, although films and photographs are only required to have fixed 50 and 25 year terms, respectively.


 


* Copyright must be granted automatically, and not based upon any "formality", such as registrations or systems of renewal.


 


* Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection.


 


* National exceptions to copyright (such as "fair use" in the United States) must be tightly constrained.


 


* Patents must be granted in all "fields of technology," although exceptions for certain public interests are allowed (Art. 27.2 and 27.3).


 


* Exceptions to patent law must be limited almost as strictly as those to copyright law.


 


* In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPs signatories by the principles of national treatment (with certain limited exceptions, Art. 3 and 5). TRIPs also has a most favoured nation clause.


 


Many of the TRIPs provisions on copyright were imported from the Berne Convention for the Protection of Literary and Artistic Works and many of its trademark and patent provisions were imported from the Paris Convention for the Protection of Industrial Property.

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